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1 - 10 of 12 (0.29 seconds)Section 81 in Gujarat Prohibition Act, 1949 [Entire Act]
Section 83 in Gujarat Prohibition Act, 1949 [Entire Act]
Gujarat Prohibition Act, 1949
Pushkar Mukherjee & Ors vs The State Of West Bengal on 7 November, 1968
18. In the instant case, the detaining authority, in our
opinion, has failed to substantiate that the alleged anti- social
activities of the petitioner adversely affect or are likely to
affect adversely the maintenance of public order. It is true
some incidents of beating by the petitioner had taken place,
as alleged by the witnesses. But, such incidents, in our view,
do not have any bearing on the maintenance of public order.
The petitioner may be punished for the alleged offences
committed by him but, surely, the acts constituting the
offences cannot be said to have affected the even tempo of
the life of the community. It may be that the petitioner is a
bootlegger within the meaning of section 2(b) of the Act, but
merely because he is a bootlegger he cannot be preventively
detained under the provisions of the Act unless, as laid down
in sub-section (4) of section 3 of the Act, his activities as a
bootlegger affect adversely or are likely to affect adversely
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NEUTRAL CITATION
R/SCR.A/7595/2024 JUDGMENT DATED: 08/07/2024
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the maintenance of public order We have carefully
considered the offences alleged against the petitioner in the
order of detention and also the allegations made by the
witnesses and, in our opinion, these offences or the
allegations cannot be said to have created any feeling of
insecurity or panic or terror among the members of the
public of the area in question giving rise to the question of
maintenance of public order. The order of detention cannot,
therefore, be upheld."